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Law digest: 4/11/11

COURT OF APPEALS

Administrative Law, Expungement of driving record: Petitioner was not entitled to expungement of his drunken driving convictions, since records of his convictions were not part of his public driving record. Headen v. Motor Vehicle Administration, No. 42, Sept. Term, 2009. RecordFax No. 11-0328-20, 30.

Professional Responsibility, Disbarment: Disbarment was warranted where attorney clearly neglected two of his clients, repeatedly ignored their case status inquiries, moved his practice without informing them, and later declined to respond to Bar Counsel’s requests for information. Attorney Grievance Commission of Maryland v. De La Paz, Nos. 50 and 65, Sept. Term, 2009. RecordFax No. 11-0324-20.

Torts, Causation: Plaintiff presented sufficient evidence that defendant’s product was the proximate cause of plaintiff’s injuries to support the trial court’s denial of defendant’s motions for judgment. Scapa Dryer Fabrics, Inc. v. Saville, No. 39, Sept. Term, 2010. RecordFax No. 11-0323-20.

U.S. 4th CIRCUIT

Civil Procedure, Motion to dismiss base on qualified immunity: In civil suit by criminal defendant against arresting officer, officer was not entitled to dismissal based on qualified immunity because defendant’s complaint sufficiently established the unreasonableness of the officer’s act and violation of defendant’s constitutional rights. Brockington v. Boykins, No. 09–2308. RecordFax No. 11-0324-60.

Constitutional Law, Retroactive operation of statute: Although prior regulation prohibiting carrying or possessing a loaded handgun in a motor vehicle within a national park was superseded after defendant’s arrest by a more lenient regulation that provided for state law to govern the legality of defendant’s actions, general federal savings statute preserved federal government’s authority to prosecute defendant’s pre-repeal conduct covered by prior regulation. United States v. Masciandaro, No. 09-4839. RecordFax No. 11-0324-61.

Labor & Employment, Overtime pay: Summary judgment was properly granted to employer on employee’s claim for overtime benefits under the Fair Labor Standards Act, because it was undisputed that employee had sole management responsibility for retail store and the executive exemption to the statute therefore applied. Family Dollar FLSA Litigation, No. 09-2029. RecordFax No. 11-0322-60.

U.S. DISTRICT COURT, MARYLAND

Contract Law, Breach of warranty: Where written contracts included a warranty to provide good-faith repair services, defendant’s motion to dismiss a breach of express warranty count was denied. Baney Corporation v. Agilysys NV, LCC, Civil Action No. 10–cv–00683–AW. RecordFax No. 11-0328-40.

Immigration Law, Nonimmigrant status: Because the United States Citizenship and Immigration Services’ decision regarding alien eligibility for change in status was erroneous, the court possessed jurisdiction to remand the case. Youssefi v. Renaud, Civil Action No. 10-cv-00428-AW. RecordFax No. 11-0311-41.